Medical professionals play a vital role in safeguarding public health and safety. However, they are bound to make mistakes, which can have life-altering effects on the victims.
If you or a loved one are a victim of medical negligence, you can file a legal claim to recover damages. The process and the damages you can claim vary depending on the type of injury and the role of the medical officer at fault.
What Does Medical Malpractice Entail?
Contrary to popular assertion, not every mistake by a medical professional is considered malpractice. The law acknowledges that some medical procedures carry inherent risks, and negative outcomes are to be expected.
Nonetheless, you may still be able to sue your healthcare provider if they commit certain errors. For instance, you may be able to file a claim if your doctor fails to request additional diagnostic tests before recommending surgery.
Legal Basis for a Successful Medical Malpractice Claim
As with all civil suits, the entire burden of proof in your medical malpractice suit lies on you. For your claim to succeed in court, you need to prove that:
- The medical professional you are filing against owed you a duty of care. This duty is typically established in the form of a doctor-patient relationship, where the doctor has the legal obligation to treat you.
- The medical professional breached their duty of care. In this regard, you have to demonstrate that their actions while treating you fell below the accepted standard of medical practice. You may need to present medical records, test results, and witness statements to prove your case.
- The doctor’s breach of duty was directly responsible for your injuries or worsened your condition. That is, the injuries or harm you suffered would have been prevented had you received proper medical care. Proving this claim may require the help of an expert witness.
- You suffered actual damages from the alleged medical malpractice. These damages may be financial (medical bills, lost wages, etc) or non-financial (pain, emotional distress, depression, etc).
Talk to a Medical Negligence Lawyer
Medical malpractice claims are complicated as they involve collecting and presenting medical and scientific evidence. While this may be overwhelming, our medical negligence attorneys at The Williams Litigation Group are ready to help. Call us today to learn more about our services.